| (a) Each midwife who attends the birth of a child is
responsible for collecting blood specimens for newborn screening tests
to the extent required by the Health and Safety Code, Chapters 33
and 34, and 25 TAC §§37.51 - 37.65, or making a referral
in accordance with this subsection. A midwife must not collect blood
specimens for the tests without appropriate training. Each midwife
must have one of the following documents on file with the department
to maintain licensure.
(1) Midwife Training Certification Form for Newborn
Screening Specimen Collection. A midwife who chooses to collect blood
specimens for the newborn screening tests must first obtain training
to collect blood specimens from an appropriate health care facility.
Instruction must be based upon the procedure for newborn screening
developed by the Department of State Health Service's Newborn Screening
Program under authority of the Health and Safety Code, Chapter 33,
as implemented in 25 TAC, Chapter 37, Subchapter D. At the completion
of the instruction for newborn screening blood collection, the midwife
must request that the form Midwife Training Certification Form for
Newborn Screening Specimen Collection be signed by the designated
representative of the health care facility, attesting to the fact
that the midwife has complied with this requirement. This training,
as part of the licensure requirements, is only necessary once unless
there is a change in screening procedures. A midwife who submits to
the department a completed form in compliance with this paragraph
is considered approved by the department to collect blood specimens
for the newborn screening tests.
(2) Newborn Screening Agreement for Newborn Babies
of Midwife Clients. The midwife could also choose to refer the family
to have the infant's screening done at an appropriate health care
facility. In this case, the midwife must use the form Newborn Screening
Agreement for Newborn Babies of Midwife Clients to attest to her responsibility
for seeing that the screening is done and to designate a facility
for such screening. The form must include a section where the facility
representative signs, agreeing that the facility will do the screening.
(b) As long as the midwife has been approved by the
department to perform the newborn screening test, the act of collecting
this specimen will not constitute "practicing medicine" as defined
by the Medical Practice Act.
(c) The physician, or other appropriately trained healthcare
provider who instructs a midwife in the approved techniques for newborn
screening on the orders of a physician, is immune from liability arising
out of the failure or refusal of a midwife to:
(1) collect and submit the blood specimen in an approved
manner; or
(2) send the samples to the laboratories designated
by the Department of State Health Services in a timely manner.
(d) Newborn Screening Test Objection Form. A midwife
must obtain a completed and signed Newborn Screening Test Objection
form from any parent who refuses to allow a midwife to perform the
newborn screening tests.
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